Please note that informaiton provided in here is for general information only. It is not legal advice and should not be relied upon. If you have a legal question, you should consult a lawyer. If the other driver is at fault can I make a claim for my losses against their insurance company?Yes. If you are injured in a motor vehicle accident as a result of another person's negligence, you can advance a personal injury lawsuit for your losses. This claim is made against the at-fault driver for compensation. Provided that the other driver has insurance, it is the insurance company that will defend and ultimately pay the claim.